Murphy v. Carlin
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. V allí ant, Judge. (1) The decree should have been in favor of the defendants, as no trust is raised by the will in favor of plaintiff, because: First.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. L. B. V allí ant, Judge. (1) The decree should have been in favor of the defendants, as no trust is raised by the will in favor of plaintiff, because: First. The precatory words are insufficient to cut down or limit the prior absolute bequest to the widow. 2 Story’s Equity Jurisprudence [13 Ed.] secs. 1069,1070; 2 Pomeroy’s Equity Jurisprudence [2 Ed.] secs. 1015, 1016, 1017, 1019; Hess v. Singler, 114 Mass. 57; Spooner v. Lovejoy, 108 Mass. 529; Sears v. Cunningham, 122 Mass. 538; Barrett v. Marsh, 126 Mass. 213; Foose v. Whitmore, 82 N. Y.…
1Opinion of the CourtBrace, J.
This is an action in the nature of a bill in equity to enforce a precatory trust alleged to ' arise under the will of John Whelan, who died January 9, 1882. The will is dated May 13, 1880, and provides as follows:
“First. — For payment of debts and funeral expenses.
“Second. — Legacy of $1,500 to the testator’s sister, Mary Conners.
“Third. — Legacy of $1,000 to Mollie Curran, the child of the testator’s niece, Ann Conners.
“Fourth. — Legaey of $1,000 to John Cullinane in recognition of many j ears of faithful service.
“Fifth. — I give, bequeath and devise all the rest of my property, both real…
2Cases cited11 opinions
- Colton v. ColtonSupreme Court of the United States · 1888
- Hall v. StephensSupreme Court of Missouri · 1877
- Warner v. BatesMassachusetts Supreme Judicial Court · 1867
- Knox v. KnoxWisconsin Supreme Court · 1884
- Small v. FieldSupreme Court of Missouri · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Burnes v. BurnesCourt of Appeals for the Eighth Circuit · 1905
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- Keiser v. JensenIllinois Supreme Court · 1940
- McMillan v. FarrowSupreme Court of Missouri · 1897
- Blumer v. GillespieSupreme Court of Missouri · 1936
25 more not listed; retrieve them via the Exa API.